Council tentatively approves Land Development Code audit Phase 3 to remove discretionary barriers to housing

Corvallis City Council voted unanimously to tentatively approve a package of Land Development Code (LDC) text amendments, LDT-2023-04, described by staff as a Phase 3 code audit focused on residential clear-and-objective standards. Staff will return with findings and an implementing ordinance for final adoption.

Planning staff told the council the package removes discretionary reviews for residential uses in residential zones and the professional administrative office (PAO) zone, aligns private and common outdoor space requirements across multiple residential districts, corrects standards that scale by the number of dwelling units (which state middle housing rules prohibit), and updates chapter formatting.

In a presentation, staff cited ORS 197.a400 (the state requirement that local standards regulating housing development be clear and objective and not have the effect of discouraging needed housing through unreasonable cost or delay) and described the work as the last of a multi-year code audit that began with state grant-funded work in 2018–2019 and continued through prior local code projects, including middle housing changes and mixed-use zone updates.

Key substantive components of the package include: - Removing conditional or staff-discretionary review (plan compatibility reviews and conditional development permits) for housing so that residential use types are allowed by right where the zone permits them; - Eliminating a per-dwelling private outdoor space requirement in RS6 and RS9 (a standard that scaled by unit count and therefore conflicted with state administrative rules); - Aligning RS12/RS20 and MUR zone outdoor-space standards with the RMU 12/20 approach (48 sq. ft. private and/or common space per unit) to avoid physically impossible requirements on small infill lots; - Allowing residential uses by right in the PAO zone (previously conditional) and clarifying standards in industrial and mixed-use employment zones; - Miscellaneous cleanup and reformatting across roughly 19 chapters.

Staff said the changes are intended to make the code consistent with state law, reduce barriers to infill and redevelopment, and provide clearer, more objective standards for applicants and staff. The packet included an analysis tying the package to applicable statewide planning goals and Comprehensive Plan policies; staff recommended approval and noted the Planning Commission had forwarded an unanimous recommendation for the package without amendment.

Councilor Codina moved to tentatively approve the LDC Phase 3 package and asked staff to prepare formal findings and an adopting ordinance for the next meeting; the motion passed by voice vote with no opposition.

Staff and commissioners noted that some elements of the broader code cleanup have been completed in other recent projects and that a final set of issues (natural features, minimum shared development area) remain for future code work. Councilors asked clarifying questions about how the changes would support infill and redevelopments near campus and about how the standards would treat properties adjacent to parks (existing 25% reduction clarified but not expanded). Staff committed to returning with final findings and ordinance language.